The binding power of custom is its security of expectations. What has happened before may be expected to happen again, and he who arbitrarily disappo… - John R. Commons

The division of opinion turns on the definition of property and the scope of contract. Physical things of themselves are powerless. Even liberty to choose between opportunities is passive and ineffective. But power to withhold opportunities is economic power, and associated power is government. When therefore liberty of contract is merged with property, it adds the liberty of persons to the exclusive holding of things. And this liberty operates in the several directions of liberty to combine their property into an industrial government and to act as a unit, not only in proportioning their resources economically but also in choosing opportunities, in commanding obedience, in persuading or coercing, and in planning for the expectations of an indefinite future.

The aim of this volume is to work out an evolutionary and behavioristic, or rather volitional, theory of value. It was commenced thirty-five years ago at Johns Hopkins University under my stimulating teacher, Richard T. Ely.

Since institutional economics is behavioristic, and the behavior in question is none other than the behavior of individuals while participating in transactions, institutional economics must make an analysis of the economic behavior of individuals.